Kuwait Court of Cassation principle number 2912

The provisions concerning the warranty of a building contractor or the engineer designing it or supervising its execution. Their relation to public policy. Its effect. It is impermissible to agree in advance to contravene them by exemption from, or limitation of, this warranty. - 497 - Commercial - The engineer’s liability with the contractor. Joint and several liability. It encompasses total or partial collapse or defects in buildings and defects threatening their safety. The employer’s approval thereof is immaterial. - The period prescribed for testing the solidity and durability of structures. 10 years from their completion. Discovery of the defect during or at the end of that period. Its effect. Commencement of the 3-year limitation period prescribed for the warranty action. - Ascertainment, affirmatively or negatively, of the event commencing the limitation period. A matter of fact for the court of merits. The condition therefor.